Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1887-04-29
CONDENSED NEWS.
THE PADDOCK MURDER.
ifharge Of the Judge and final Disagreement and +!
Discharge OF the Jurys X .g> NJ

Charge Of the judge and final Disagreement and
Discharge Of the Jurys * s6> M 4
Saturday 10th was the twentv-second
aay OF the Haddock murder trial, and at
1. p. M. the argument had been closed.
the instructions OF the court given and
The case against John Arensdori
was submitted to the jury The
Instructions OF Judge Lewis to the jury
we're full and clear. Referring to the ques-
lion OF conspiracy the judge said:
The jury may and should take into con-
sheraton all the facts in relation to
the prosecution of like cases in the courts
70 close the saloons on or beforie Aug. 80,
The part that Mr.. Haddock had taken in
Arensdorf and his alleged conspirators sus-
tained to these proceedings, the appear.
ance of Arensdorf and his alleged CO.
conspirators ON the streets on the night OF
The murder, and also the meetings OF the
saloon-keepers at the various halls prior
10 that time. Under the indictment it
was competent to admit evidence to prove
the fact OF conspiracy, and il the jury is
satisfied that conspiracy was formed
with which he was connected evidence OF
the acts or sayings Of conspirators is ad-
DR. not. In relation to testimony OF &C.
complies. the Judge instructed that
It should be corroborated. 1t may
be circumstantial or by witnesses,
but it is not essential that
it should cover all the matters involved.
In proving an alibi the burden OF proof
rests upon the defendant. 1t must be es-
tablished by preponderance OF evidence,
and evidence of that nature is to be criti-
cally examined and weighed, because Of
the facilities offered for introduction OF
manufactured testimony.
In closing the Judge administered severe
reproof to one OF the jurors whose actions
in court and talk on the streets have been
subjects Of comment. There is but little
probability OF an agreement by the Jury
There is a good deal Of gambling on the re-
suit.
DISAGREEMENT.
About IL o'clock the 1.-THE the Judge called
the jury into court and asked ii they had
agreed opon verdict Ed Webster, the
foreman, replied that they had not been
able to agree. Judge Lewis remarked that
he had no desire to punish the jury for fail
ure to agree and asked if the difference
was insurmountable. Mr.. Webster said
they might bring that man to an agree.
ment ii more time was given. Then J. D.
O'Connell arose, and in voice indicating
great earnestness assured the court that
he had no desire to be obstinate; that he had
carefully considered all the evidence. and as
a man who respects the oath he had taken
before God and man he could not possibly
yield his conviction on that point. His
mind was fixed and no matter how long
the jury might he held there he could not
change his verdict. The Judge saw from
che intense earnestness Of the man that it
Was useless to hold the jurors, and they
were discharged. The court then
adjourned week, as it became necessary
for the judges to hold court in Monona
county this week. It was found that the
Jury stood eleven for acquittal and one
for conviction OF murder in the first degree.
1t is not determined when another trial
will be held,